[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 35 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 35

        To establish background check procedures for gun shows.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 25 (legislative day, January 5), 2011

 Mr. Lautenberg (for himself, Mr. Reed, Mr. Menendez, Mr. Kerry, Mrs. 
  Feinstein, Mr. Whitehouse, Mr. Levin, Mr. Schumer, Mr. Durbin, Mrs. 
  Boxer, and Mr. Wyden) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
        To establish background check procedures for gun shows.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gun Show Background Check Act of 
2011''.

SEC. 2. GUN SHOW BACKGROUND CHECK.

    (a) Findings.--Congress finds that--
            (1) approximately 5,200 traditional gun shows are held 
        annually across the United States, attracting thousands of 
        attendees per show and hundreds of Federal firearms licensees 
        and nonlicensed firearms sellers;
            (2) traditional gun shows, as well as flea markets and 
        other organized events, at which a large number of firearms are 
        offered for sale by Federal firearms licensees and nonlicensed 
        firearms sellers, form a significant part of the national 
        firearms market;
            (3) firearms and ammunition that are exhibited or offered 
        for sale or exchange at gun shows, flea markets, and other 
        organized events move easily in and substantially affect 
        interstate commerce;
            (4) in fact, even before a firearm is exhibited or offered 
        for sale or exchange at a gun show, flea market, or other 
        organized event, the gun, its component parts, ammunition, and 
        the raw materials from which it is manufactured have moved in 
        interstate commerce;
            (5) gun shows, flea markets, and other organized events at 
        which firearms are exhibited or offered for sale or exchange, 
        provide a convenient and centralized commercial location at 
        which firearms may be bought and sold anonymously, often 
        without background checks and without records that enable gun 
        tracing;
            (6) at gun shows, flea markets, and other organized events 
        at which guns are exhibited or offered for sale or exchange, 
        criminals and other prohibited persons obtain guns without 
        background checks and frequently use guns that cannot be traced 
        to later commit crimes;
            (7) since the enactment of the Brady Handgun Violence 
        Prevention Act (Public Law 103-59; 107 Stat. 1536) in 1993, 
        over 100,000,000 background checks have been performed by 
        Federal firearms licensees, denying guns to more than 1,600,000 
        illegal buyers;
            (8) many persons who buy and sell firearms at gun shows, 
        flea markets, and other organized events cross State lines to 
        attend these events and engage in the interstate transportation 
        of firearms obtained at these events;
            (9) gun violence is a pervasive, national problem that is 
        exacerbated by the availability of guns at gun shows, flea 
        markets, and other organized events;
            (10) firearms associated with gun shows have been 
        transferred illegally to residents of another State by Federal 
        firearms licensees and nonlicensed firearms sellers, and have 
        been involved in subsequent crimes including drug offenses, 
        crimes of violence, property crimes, and illegal possession of 
        firearms by felons and other prohibited persons; and
            (11) Congress has the power, under the interstate commerce 
        clause and other provisions of the Constitution of the United 
        States, to ensure, by enactment of this Act, that criminals and 
        other prohibited persons do not obtain firearms at gun shows, 
        flea markets, and other organized events.
    (b) Definitions.--Section 921(a) of title 18, United States Code, 
is amended by adding at the end the following:
            ``(36) Gun show.--The term `gun show' means any event--
                    ``(A) at which 50 or more firearms are offered or 
                exhibited for sale, transfer, or exchange, if 1 or more 
                of the firearms has been shipped or transported in, or 
                otherwise affects, interstate or foreign commerce; and
                    ``(B) at which--
                            ``(i) not fewer than 20 percent of the 
                        exhibitors are firearm exhibitors;
                            ``(ii) there are not fewer than 10 firearm 
                        exhibitors; or
                            ``(iii) 50 or more firearms are offered for 
                        sale, transfer, or exchange.
            ``(37) Gun show promoter.--The term `gun show promoter' 
        means any person who organizes, plans, promotes, or operates a 
        gun show.
            ``(38) Gun show vendor.--The term `gun show vendor' means 
        any person who exhibits, sells, offers for sale, transfers, or 
        exchanges 1 or more firearms at a gun show, regardless of 
        whether or not the person arranges with the gun show promoter 
        for a fixed location from which to exhibit, sell, offer for 
        sale, transfer, or exchange 1 or more firearms.''.
    (c) Regulation of Firearms Transfers at Gun Shows.--
            (1) In general.--Chapter 44 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 932. Regulation of firearms transfers at gun shows
    ``(a) Registration of Gun Show Promoters.--It shall be unlawful for 
any person to organize, plan, promote, or operate a gun show unless 
that person--
            ``(1) registers with the Attorney General in accordance 
        with regulations promulgated by the Attorney General; and
            ``(2) pays a registration fee, in an amount determined by 
        the Attorney General.
    ``(b) Responsibilities of Gun Show Promoters.--It shall be unlawful 
for any person to organize, plan, promote, or operate a gun show unless 
that person--
            ``(1) before commencement of the gun show, verifies the 
        identity of each gun show vendor participating in the gun show 
        by examining a valid identification document (as defined in 
        section 1028(d)(3)) of the vendor containing a photograph of 
        the vendor;
            ``(2) before commencement of the gun show, requires each 
        gun show vendor to sign--
                    ``(A) a ledger with identifying information 
                concerning the vendor; and
                    ``(B) a notice advising the vendor of the 
                obligations of the vendor under this chapter;
            ``(3) notifies each person who attends the gun show of the 
        requirements of this chapter, in accordance with such 
        regulations as the Attorney General shall prescribe; and
            ``(4) maintains a copy of the records described in 
        paragraphs (1) and (2) at the permanent place of business of 
        the gun show promoter for such period of time and in such form 
        as the Attorney General shall require by regulation.
    ``(c) Responsibilities of Transferors Other Than Licensees.--
            ``(1) In general.--If any part of a firearm transaction 
        takes place at a gun show, it shall be unlawful for any person 
        who is not licensed under this chapter to transfer a firearm to 
        another person who is not licensed under this chapter, unless 
        the firearm is transferred through a licensed importer, 
        licensed manufacturer, or licensed dealer in accordance with 
        subsection (e).
            ``(2) Criminal background checks.--A person who is subject 
        to the requirement of paragraph (1)--
                    ``(A) shall not transfer the firearm to the 
                transferee until the licensed importer, licensed 
                manufacturer, or licensed dealer through which the 
                transfer is made under subsection (e) makes the 
                notification described in subsection (e)(3)(A); and
                    ``(B) notwithstanding subparagraph (A), shall not 
                transfer the firearm to the transferee if the licensed 
                importer, licensed manufacturer, or licensed dealer 
                through which the transfer is made under subsection (e) 
                makes the notification described in subsection 
                (e)(3)(B).
            ``(3) Absence of recordkeeping requirements.--Nothing in 
        this section shall permit or authorize the Attorney General to 
        impose recordkeeping requirements on any nonlicensed vendor.
    ``(d) Responsibilities of Transferees Other Than Licensees.--
            ``(1) In general.--If any part of a firearm transaction 
        takes place at a gun show, it shall be unlawful for any person 
        who is not licensed under this chapter to receive a firearm 
        from another person who is not licensed under this chapter, 
        unless the firearm is transferred through a licensed importer, 
        licensed manufacturer, or licensed dealer in accordance with 
        subsection (e).
            ``(2) Criminal background checks.--A person who is subject 
        to the requirement of paragraph (1)--
                    ``(A) shall not receive the firearm from the 
                transferor until the licensed importer, licensed 
                manufacturer, or licensed dealer through which the 
                transfer is made under subsection (e) makes the 
                notification described in subsection (e)(3)(A); and
                    ``(B) notwithstanding subparagraph (A), shall not 
                receive the firearm from the transferor if the licensed 
                importer, licensed manufacturer, or licensed dealer 
                through which the transfer is made under subsection (e) 
                makes the notification described in subsection 
                (e)(3)(B).
    ``(e) Responsibilities of Licensees.--A licensed importer, licensed 
manufacturer, or licensed dealer who agrees to assist a person who is 
not licensed under this chapter in carrying out the responsibilities of 
that person under subsection (c) or (d) with respect to the transfer of 
a firearm shall--
            ``(1) enter such information about the firearm as the 
        Attorney General may require by regulation into a separate 
        bound record;
            ``(2) record the transfer on a form specified by the 
        Attorney General;
            ``(3) comply with section 922(t) as if transferring the 
        firearm from the inventory of the licensed importer, licensed 
        manufacturer, or licensed dealer to the designated transferee 
        (although a licensed importer, licensed manufacturer, or 
        licensed dealer complying with this subsection shall not be 
        required to comply again with the requirements of section 
        922(t) in delivering the firearm to the nonlicensed 
        transferor), and notify the nonlicensed transferor and the 
        nonlicensed transferee--
                    ``(A) of such compliance; and
                    ``(B) if the transfer is subject to the 
                requirements of section 922(t)(1), of any receipt by 
                the licensed importer, licensed manufacturer, or 
                licensed dealer of a notification from the national 
                instant criminal background check system that the 
                transfer would violate section 922 or would violate 
                State law;
            ``(4) not later than 10 days after the date on which the 
        transfer occurs, submit to the Attorney General a report of the 
        transfer, which report--
                    ``(A) shall be on a form specified by the Attorney 
                General by regulation; and
                    ``(B) shall not include the name of or other 
                identifying information relating to any person involved 
                in the transfer who is not licensed under this chapter;
            ``(5) if the licensed importer, licensed manufacturer, or 
        licensed dealer assists a person other than a licensee in 
        transferring, at 1 time or during any 5 consecutive business 
        days, 2 or more pistols or revolvers, or any combination of 
        pistols and revolvers totaling 2 or more, to the same 
        nonlicensed person, in addition to the reports required under 
        paragraph (4), prepare a report of the multiple transfers, 
        which report shall be--
                    ``(A) prepared on a form specified by the Attorney 
                General; and
                    ``(B) not later than the close of business on the 
                date on which the transfer occurs, forwarded to--
                            ``(i) the office specified on the form 
                        described in subparagraph (A); and
                            ``(ii) the appropriate State law 
                        enforcement agency of the jurisdiction in which 
                        the transfer occurs; and
            ``(6) retain a record of the transfer as part of the 
        permanent business records of the licensed importer, licensed 
        manufacturer, or licensed dealer.
    ``(f) Records of Licensee Transfers.--If any part of a firearm 
transaction takes place at a gun show, each licensed importer, licensed 
manufacturer, and licensed dealer who transfers 1 or more firearms to a 
person who is not licensed under this chapter shall, not later than 10 
days after the date on which the transfer occurs, submit to the 
Attorney General a report of the transfer, which report--
            ``(1) shall be in a form specified by the Attorney General 
        by regulation;
            ``(2) shall not include the name of or other identifying 
        information relating to the transferee; and
            ``(3) shall not duplicate information provided in any 
        report required under subsection (e)(4).
    ``(g) Firearm Transaction Defined.--In this section, the term 
`firearm transaction'--
            ``(1) includes the offer for sale, sale, transfer, or 
        exchange of a firearm; and
            ``(2) does not include the mere exhibition of a firearm.''.
            (2) Penalties.--Section 924(a) of title 18, United States 
        Code, is amended by adding at the end the following:
            ``(8)(A) Whoever knowingly violates section 932(a) shall be 
        fined under this title, imprisoned not more than 5 years, or 
        both.
            ``(B) Whoever knowingly violates subsection (b) or (c) of 
        section 932, shall be--
                    ``(i) fined under this title, imprisoned not more 
                than 2 years, or both; and
                    ``(ii) in the case of a second or subsequent 
                conviction, fined under this title, imprisoned not more 
                than 5 years, or both.
            ``(C) Whoever willfully violates section 932(d), shall be--
                    ``(i) fined under this title, imprisoned not more 
                than 2 years, or both; and
                    ``(ii) in the case of a second or subsequent 
                conviction, fined under this title, imprisoned not more 
                than 5 years, or both.
            ``(D) Whoever knowingly violates subsection (e) or (f) of 
        section 932 shall be fined under this title, imprisoned not 
        more than 5 years, or both.
            ``(E) In addition to any other penalties imposed under this 
        paragraph, the Attorney General may, with respect to any person 
        who knowingly violates any provision of section 932--
                    ``(i) if the person is registered pursuant to 
                section 932(a), after notice and opportunity for a 
                hearing, suspend for not more than 6 months or revoke 
                the registration of that person under section 932(a); 
                and
                    ``(ii) impose a civil fine in an amount equal to 
                not more than $10,000.''.
            (3) Technical and conforming amendments.--Chapter 44 of 
        title 18, United States Code, is amended--
                    (A) in the table of sections, by adding at the end 
                the following:

``932. Regulation of firearms transfers at gun shows.'';
                and
                    (B) in the first sentence of section 923(j), by 
                striking ``a gun show or event'' and inserting ``an 
                event''.
    (d) Inspection Authority.--Section 923(g)(1) is amended by adding 
at the end the following:
                    ``(E) Notwithstanding subparagraph (B), the 
                Attorney General may enter during business hours the 
                place of business of any gun show promoter and any 
                place where a gun show is held for the purposes of 
                examining the records required by sections 923 and 932 
                and the inventory of licensees conducting business at 
                the gun show. Such entry and examination shall be 
                conducted for the purposes of determining compliance 
                with this chapter by gun show promoters and licensees 
                conducting business at the gun show and shall not 
                require a showing of reasonable cause or a warrant.''.
    (e) Increased Penalties for Serious Recordkeeping Violations by 
Licensees.--Section 924(a)(3) of title 18, United States Code, is 
amended to read as follows:
            ``(3)(A) Except as provided in subparagraph (B), any 
        licensed dealer, licensed importer, licensed manufacturer, or 
        licensed collector who knowingly makes any false statement or 
        representation with respect to the information required by this 
        chapter to be kept in the records of a person licensed under 
        this chapter, or violates section 922(m) shall be fined under 
        this title, imprisoned not more than 1 year, or both.
            ``(B) If the violation described in subparagraph (A) is in 
        relation to an offense--
                    ``(i) under paragraph (1) or (3) of section 922(b), 
                such person shall be fined under this title, imprisoned 
                not more than 5 years, or both; or
                    ``(ii) under subsection (a)(6) or (d) of section 
                922, such person shall be fined under this title, 
                imprisoned not more than 10 years, or both.''.
    (f) Increased Penalties for Violations of Criminal Background Check 
Requirements.--
            (1) Penalties.--Section 924(a) of title 18, United States 
        Code, is amended--
                    (A) in paragraph (5), by striking ``subsection (s) 
                or (t) of section 922'' and inserting ``section 
                922(s)''; and
                    (B) by adding at the end the following:
            ``(9) Whoever knowingly violates section 922(t) shall be 
        fined under this title, imprisoned not more than 5 years, or 
        both.''.
            (2) Elimination of certain elements of offense.--Section 
        922(t)(5) of title 18, United States Code, is amended by 
        striking ``and, at the time'' and all that follows through 
        ``State law''.
    (g) Effective Date.--This Act and the amendments made by this 
section shall take effect 180 days after the date of enactment of this 
Act.
                                 <all>